Bill Text: NY S05060 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to public non-disclosure agreements; makes it unlawful for public authority to require a contract or agreement with an employee refusing to disclose any information received or learned in the course of employment except where it would be denied through published rules.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S05060 Detail]

Download: New_York-2009-S05060-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5060
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       AN  ACT  to amend the public authorities law, in relation to non-disclo-
         sure agreements for employees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public  authorities  law  is amended by adding a new
    2  section 2852 to read as follows:
    3    S 2852. NON-DISCLOSURE AGREEMENTS FOR EMPLOYEES.  IT SHALL BE UNLAWFUL
    4  FOR ANY PUBLIC AUTHORITY AS DEFINED IN SECTION TWO OF  THIS  CHAPTER  TO
    5  ENTER INTO ANY CONTRACT OR AGREEMENT WITH ANY MEMBER OF THE BOARD, OFFI-
    6  CER  OR  EMPLOYEE  EITHER  AS A CONDITION OF EMPLOYMENT OR OTHERWISE, TO
    7  REFUSE TO DISCLOSE ANY INFORMATION RECEIVED OR LEARNED BY SUCH MEMBER OF
    8  THE BOARD, OFFICER OR EMPLOYEE IN THE COURSE OF HIS  OR  HER  EMPLOYMENT
    9  EXCEPT  SUCH INFORMATION AS SUCH PUBLIC AUTHORITY HAS DETERMINED THAT IT
   10  WOULD DENY ACCESS TO IN ITS PUBLISHED RULES IN ACCORDANCE WITH  SUBDIVI-
   11  SION  TWO  OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW. NO PUBLIC
   12  AUTHORITY SHALL MAKE ANY ATTEMPT PUBLIC OR PRIVATE, BY  JUDICIAL  ACTION
   13  OR  OTHERWISE,  TO  ENFORCE  ANY SUCH CONTRACT OR AGREEMENT WHETHER SUCH
   14  CONTRACT OR AGREEMENT WAS MADE BEFORE OR AFTER  THE  EFFECTIVE  DATE  OF
   15  THIS SECTION.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06731-02-9